BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 652
          Author:   Ammiano (D)
          Amended:  8/28/13 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 6/4/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           ASSEMBLY FLOOR  :  51-23, 5/20/13 - See last page for vote


           SUBJECT  :    Child Abuse and Neglect Reporting Act:  homeless  
          children

           SOURCE  :     Author


           DIGEST  :    This bill provides that the fact that a child is  
          homeless or an "unaccompanied minor," as specified, is not, in  
          and of itself, a sufficient basis for triggering the mandatory  
          child abuse or neglect reporting laws.

           Senate Floor Amendments  of 8/28/13 clarify that nothing in this  
          bill prohibits a mandated reporter from reporting when he/she  
          knows or reasonably suspects the unaccompanied minor is a victim  
          of abuse or neglect.

           ANALYSIS  :    

          Existing law:

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                                                                     AB 652
                                                                     Page  
          2

          1.Establishes the Child Abuse and Neglect Reporting Act (CANRA),  
            which generally is intended to protect children from abuse and  
            neglect. 
           
           2.Requires "mandated reporters" to make reports of suspected  
            child abuse or neglect, as specified.

          3.States that the term "child abuse or neglect" for purposes of  
            CANRA "includes physical injury inflicted by other than  
            accidental means upon a child by another person, sexual abuse  
            as defined?, neglect as defined?, the willful harming or  
            injuring of a child or the endangering of the person or health  
            of a child, as defined?, and unlawful corporal punishment or  
            injury as defined?.  'Child abuse or neglect' does not include  
            a mutual affray between minors.  'Child abuse or neglect' does  
            not include an injury caused by reasonable and necessary force  
            used by a peace officer acting within the course and scope of  
            his/her employment as a peace officer."

          4.Provides that, except as specified, "a mandated reporter shall  
            make a report  ? whenever the mandated reporter, in his/her  
            professional capacity or within the scope of his/her  
            employment, has knowledge of or observes a child whom the  
            mandated reporter knows or reasonably suspects has been the  
            victim of child abuse or neglect."

          5.Enumerates 43 categories of persons who are mandated child  
            abuse and neglect reporters.  Except as specified, current law  
            provides that "volunteers of public or private organizations  
            whose duties require direct contact with and supervision of  
            children are not mandated reporters?"
           
          This bill:

          1.Provides that for the purposes of CANRA, "the fact that a  
            child is homeless or is classified as an unaccompanied minor,  
            as defined, is not, in and of itself, a sufficient basis for  
            reporting child abuse or neglect."

          2.States that nothing will limit a mandated reporter, as  
            defined, from making a report, as specified, whenever the  
            mandated reporter has knowledge of or observes an  
            unaccompanied minor whom the mandated reporter knows or  
            reasonable suspects to be the victim of abuse or neglect.

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                                                                     AB 652
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          3


           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  8/28/13)

          California Coalition for Youth
          California Federation of Teachers
          California Teachers Association
          National Association for the Education of Homeless Children and  
          Youth
          National Association of Social Workers, California Chapter

           ARGUMENTS IN SUPPORT  :    According to the author's office:

               Studies have shown that only 1 in 12 unaccompanied youth  
               seek services, like shelter, health care, food, education,  
               employment, etc., largely due to the fear of being referred  
               to law enforcement or child welfare.

               In California, educators make more referrals of suspected  
               abuse and neglect than any other group of mandated  
               reporters in the state. On average, less than 16% of those  
               reports are substantiated, meaning evidence of abuse or  
               neglect was found. This data holds true nationally, where  
               77% of the abuse and neglect referrals made by education  
               personnel are determined to be without evidence to support  
               a finding of abuse or neglect.

               It is hard to imagine a youth desiring to be taken into  
               police custody or returned by police to a home the youth  
               has fled. Many of the unaccompanied minors on the street  
               are foster youth that have fled the child welfare system  
               and feel the system has failed them. 

               Parents who fear their children have been abducted or want  
               their children to come home can report a youth as missing.  
               Mandated reporters can check the missing children's  
               database (for example, by contacting the National Center  
               for Missing and Exploited Children) to see if a youth has  
               been reported, and if so, report the youth to child welfare  
               or law enforcement. That agency can then investigate the  
               situation and protect the safety of the youth. In fact,  
               with regards to schools enrolling missing children,  

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                                                                     AB 652
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          4

               California Education Code 49068.6 requires law enforcement  
               to notice schools of missing children and for schools to  
               flag student files in the event the students attempt to  
               reenroll at another school.

               AB 652 is especially important to the many LGBT [Lesbian,  
               Gay, Bisexual, and Transgender] homeless youth in  
               California, who have fled their families because of  
               discrimination and intolerance, and do not wish to return  
               to their homes. Many of these youth are much better served  
               by our established homeless youth programs that assist them  
               in achieving educational goals and self-sufficiency.


           ASSEMBLY FLOOR  :  51-23, 5/20/13
          AYES:  Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,  
            Donnelly, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez,  
            Gordon, Gray, Hall, Roger Hernández, Levine, Lowenthal,  
            Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Perea, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Skinner, Stone,  
            Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Allen, Bigelow, Chávez, Conway, Dahle, Beth Gaines,  
            Gorell, Grove, Hagman, Harkey, Jones, Linder, Maienschein,  
            Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson, Salas,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Holden, Jones-Sawyer, Logue, Pan, Vacancy,  
            Vacancy


          JG:nl  8/28/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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